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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Type Scottish-Statutory-Instrument

Publication 2011-09-12

Last updated 2025-11-10

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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(ii) is taking out or attempting to take out any unauthorised property or prohibited article;

(iii) has failed to comply with rule 105(6); or

(b) the officer considers that—

(i) the conduct of any visitor is prejudicial to the security and order of the prison or the safety of any person within the prison;

(ii) it is necessary to terminate the visit and remove the visitor in the interests of the security and order of the prison or the safety of any person within the prison;

(iii) it is necessary to terminate the visit and remove the visitor for the prevention of crime;

(iv) in the case of any visit taking place in terms of rule 73, the terms of any undertaking given for the purposes of rule 73(3) have been breached;

(v) there has been a contravention of any restrictions or conditions specified in a direction made by virtue of rule 77(3); or

(vi) the visitor has breached rule 105(8).

(2) Where an officer terminates a visit and removes a visitor under paragraph (1) the officer must record this decision and the reasons for taking it in writing.

Searching of specified persons

108

(1) This rule applies to—

(a) persons providing contracted out services to the prison; and

(b) healthcare professionals.

(2) The Governor may authorise the search, at any time, of a person to whom this rule applies and this search may involve any number of the following processes—

(a) a search of their person;

(b) a search of their clothing;

(d) a search of any items of property in their possession including any items of property kept by them in a locker or any other place within the prison;

(e) a search of any equipment, plant, machinery or laptop or desktop computers used or installed by them within the prison;

(f) where they are in charge of any vehicle which they intend to take into any restricted area of the prison, a search of that vehicle and any items of property found in that vehicle.

(3) Subject to paragraph (3A), where a search is conducted under this rule—

(a) in the case of a search mentioned in paragraph (2)(a) or (b) the officer conducting the search must be of the same gender as the person being searched unless the search is carried out by the use of—

(i) a stationary body scanner under paragraph (5)(d); or

(ii) trained sniffer dogs under paragraph (5)(e);

(b) the search must be conducted as quickly and decently as possible;

(c) except in the case of a search under paragraph (2)(c), the use of reasonable force is permitted where it is necessary and such force must be reasonable and proportionate to the threat or resistance posed by the person being searched.

(3A) The Governor may require in the case of a search mentioned in paragraph (2)(a) or (b), that the officer conducting the search must be of a different gender to the specified person where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person or the security or good order of the prison.

(4) A person who is being searched under this rule cannot be required to remove, and a search under this rule must not involve the removal of, any clothing other than an outer coat, jacket, headgear, gloves and footwear.

(5) A search conducted under paragraph (2), other than a search carried out under paragraph (2)(c), may be carried out by—

(a) hand;

(b) the use of equipment involving the application of a suction device or a swab on or to the person's clothing, any items of property mentioned in paragraph (2)(d) or (f), any item mentioned in paragraph (2)(e) or any vehicle mentioned in paragraph (2)(f) in order to collect substances from their surface;

(c) the use of equipment involving the analysis of substances collected under sub-paragraph (b) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(d) the use of equipment designed to detect the existence of metal objects or prohibited articles; and

(e) the use of trained sniffer dogs under the control of a trained officer.

(6) Where a search conducted under this rule involves the use of equipment under paragraph (5)(b), (c) or (d), that equipment must be used in accordance with the manufacturers instructions.

(7) Where an officer finds any prohibited article in the course of a search conducted under this rule, he or she may seize that article and deal with it in accordance with rule 104.

(8) Subject to paragraph (8A), where a person to whom this rule applies is searched by an officer under section 41(2A) of the Act—

(a) an officer of the same gender as the person being searched must conduct the search and another officer of the same gender as the officer conducting the search must be present during the search;

(b) the search must be conducted outwith the sight of any person who is not an officer;

(d) if it is necessary to use reasonable force under section 41(2B)(d) of the 1989 Act, the force used must be proportionate to the threat or resistance posed by the person being searched.

(8A) Where a specified person is searched by an officer under section 41(2A) of the Act, the Governor may require that an officer of a different gender to the specified person must conduct the search where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person or the security or good order of the prison.

(9) For the purposes of this rule—

(a) any power to search includes the power to examine; and

(b) a “restricted area of the prison” means any area of the prison to which access is controlled but does not include car parks provided for the use of visitors, persons providing contracted out services, healthcare professionals, officers or employees.

Viewing of prisons

109

(1) A person may only view a prison if that person is authorised to do so—

(a) under any enactment;

(b) under the EU treaties or any EU instrument;

(d) by the Governor or the Scottish Ministers.

(2) Any person who is authorised to view the prison must not—

(a) take photographs, images, drawings or sketches;

(b) make any live or recorded broadcast;

(d) interview or communicate by any means with a prisoner,

unless authorised to do so by any enactment or treaty or by the Governor or the Scottish Ministers.

(3) Without prejudice to paragraph (2), a person who is authorised by the Governor or the Scottish Ministers to view the prison must not take photographs or make any film or sound recording of a prisoner or an officer without the prior consent of the prisoner or officer.

PART 11 — DISCIPLINE

Breach of discipline

110

In this Part “breach of discipline” is to be interpreted in accordance with Schedule 1 to these Rules.

Reporting breaches of discipline

111

An officer must inform the Governor in writing immediately where he or she—

(a) becomes aware, or suspects, that a prisoner has committed a breach of discipline; and

(b) decides to charge the prisoner under rule 112.

Charging breaches of discipline

112

(1) A prisoner may be charged with a breach of discipline by an officer where—

(a) the officer becomes aware, or suspects, that the prisoner has committed a breach of discipline; and

(b) the officer has complied with rule 111.

(2) Where an officer decides to charge a prisoner with a breach of discipline—

(a) the charge must be brought by the officer serving a written notice of the charge on the prisoner;

(b) the charge must be brought within 48 hours of the discovery of the act or omission giving rise to the charge but, where this is not possible because of any delay in notifying the Governor under rule 111 due to exceptional circumstances, the charge must be brought within 48 hours after the Governor has been notified; and

(c) written notice of the charge must be served on the prisoner at least 2 hours before the Governor commences a disciplinary hearing under rule 113.

(3) Where an untried prisoner is reported by an officer under rule 111 at any time between the day before the start of the prisoner's trial and the conclusion of the trial—

(a) the officer may delay bringing a charge under paragraph (1) until the relevant criminal proceedings are concluded; and

(b) where the officer delays bringing the charge and the prisoner is subsequently sentenced to imprisonment, the officer may only bring the charge if it is brought no later than 48 hours after the prisoner returns to custody at any prison.

(4) A charge under paragraph (1) may be brought against a prisoner for an alleged breach of discipline committed in another prison but only in accordance with rule 116.

Disciplinary hearings

113

(1) Where a charge has been brought against a prisoner under rule 112, the Governor must hold a hearing into the alleged breach of discipline no later than—

(a) the next day after the charge has been brought; or

(b) where the next day is a Sunday or a public holiday, the day after that Sunday or public holiday,

unless in exceptional circumstances, the Governor considers that a later hearing is necessary.

(2) A hearing into an alleged breach of discipline under paragraph (1) is to be known as a disciplinary hearing.

(3) The Governor must be satisfied that the prisoner has had sufficient time to prepare his or her case before commencing the disciplinary hearing.

(4) The Governor must adjourn the disciplinary hearing for such period of time as may be reasonably necessary, where the Governor is satisfied —

(a) that the prisoner requires further time to prepare his or her case; or

(b) there are other reasonable grounds for an adjournment.

(5) Where an adjournment is granted under paragraph (4)—

(a) the disciplinary hearing may continue before any Governor provided no submissions have been made by the prisoner; but

(b) the disciplinary hearing must only be continued by the Governor who granted the adjournment where submissions have been made by the prisoner.

(6) Where the Governor who granted the adjournment is not able to continue the disciplinary hearing under paragraph (5)(b) within a reasonable period of time after the adjournment then—

(a) the disciplinary hearing must be abandoned; and

(b) the charge may only be brought again if it is brought within 48 hours of the abandonment of the disciplinary hearing.

(7) At the disciplinary hearing, the Governor must—

(a) inform the prisoner of the breach of discipline alleged;

(b) allow the prisoner the opportunity to present his or her case;

(d) subject to paragraph (12), allow the prisoner to cross-examine any other witnesses.

(8) At the disciplinary hearing, the prisoner may request that a witness be called and this request must be granted by the Governor where the Governor is reasonably satisfied that the evidence the witness is likely to give will be relevant to the determination of the charge.

(9) The Governor may, on the application of a prisoner, permit the prisoner to be represented at the hearing by a legal adviser where in exceptional circumstances the Governor considers such representation is necessary or desirable.

(10) Subject to paragraphs (11) and (12), the Governor may, at the disciplinary hearing, take into account any relevant evidence in any form, including—

(a) oral evidence from any person;

(b) written evidence from any person;

(d) film and photographs;

(e) sound recordings; and

(f) other physical evidence.

(11) For the purposes of paragraph (10)—

(a) where any evidence in paragraph (10)(c) to (e) is to be considered at the disciplinary hearing, the prisoner must be given an opportunity to look at and consider that evidence before presenting his or her case to the disciplinary hearing; and

(b) evidence listed in paragraph (10)(b) to (f) may only be considered at the disciplinary hearing without associated oral evidence if the prisoner agrees or if paragraph (12) applies.

(12) The Governor may take into account written evidence relating to the analysis of a sample provided in accordance with rule 93 or 94, written by the person who carried out that analysis, without requiring the person's attendance at the disciplinary hearing if—

(a) the person is not an officer or employee;

(b) the prisoner has been afforded the opportunity to make representations about why the person should give oral evidence; and

(c) the Governor is satisfied, having considered any representations from the prisoner, that it is appropriate to admit the evidence and that there is no sufficient reason why the person needs to give oral evidence.

(13) The Governor must consider all the relevant evidence before making a finding and, for a prisoner to be found guilty of a breach of discipline, the Governor must be satisfied beyond reasonable doubt.

(14) The Governor must inform the prisoner whether the prisoner has been found guilty or not guilty of the breach of discipline alleged and of the reasons for that decision.

(15) Where the Governor finds that the prisoner is guilty of the breach of discipline alleged, but before determining whether a punishment under rule 114 is appropriate, the Governor must—

(a) consider whether the breach of discipline is aggravated by virtue of containing an element of discrimination as described in rule 6 and, if so, inform the prisoner of the aggravation; and

(b) give the prisoner an opportunity to raise any relevant matters in mitigation.

(16) Where the Governor finds that the prisoner is guilty of the breach of discipline charged and that a punishment under rule 114 is appropriate, the Governor must inform the prisoner of—

(a) the punishment to be imposed on the prisoner under rule 114 including whether the punishment is to be suspended under rule 115; and

(b) the reasons for the Governor's decision to impose the punishment.

Punishment

114

(1) A Governor may impose on a prisoner one or more of the following punishments where a prisoner is found guilty of a breach of discipline—

(a) a caution;

(b) forfeiture of any privileges granted under the system of privileges applicable to a prisoner for a period not exceeding 14 days;

(c) stoppage of or deduction from earnings for a period not exceeding 56 days and of an amount not exceeding one half of the prisoner's earnings in any week (or part thereof) falling within the period specified;

(d) cellular confinement for a period not exceeding 3 days;

(e) in the case of an untried prisoner found guilty of escaping or attempting to escape, forfeiture of the entitlement to wear his or her own clothing under rule 32 for any period as may be specified;

(f) in the case of an untried prisoner or a civil prisoner, forfeiture of any or all of the entitlements referred to in rules 45 and 52 for any period as may be specified; and

(g) forfeiture of the entitlement to withdraw money in terms of rule 51(3) for a period not exceeding 14 days.

(2) In setting the level of punishment, the Governor must consider whether the breach of discipline was aggravated in terms of rule 113(15)(a).

(3) If a prisoner is found guilty of more than one breach of discipline arising out of an incident, the punishments that may be imposed under this rule (except for cellular confinement under paragraph (1)(d)) may be ordered to run consecutively.

(4) Where cellular confinement is imposed on a prisoner under paragraph (1)(d)—

(a) the Governor must inform a healthcare professional as soon as possible;

(b) any entitlement of the prisoner under these Rules will not be affected by the imposition of cellular confinement, except insofar as expressly provided in a direction under sub-paragraph (c); and

(c) the prisoner must serve the period of confinement in accordance with the provisions of, and subject to any conditions imposed by, a direction made by the Scottish Ministers.

Suspended punishments

115

(1) The Governor may order that a punishment imposed under rule 114(1), other than a caution, is to be suspended for a period of up to six months from the date of the Governor's decision under rule 113(16).

(2) Where a prisoner is found guilty of a further breach of discipline committed during the period of suspension ordered by the Governor under paragraph (1), the Governor dealing with that breach of discipline may direct—

(a) that the suspended punishment is to take effect;

(b) that the suspended punishment and the further punishment (except for cellular confinement under rule 114(1)(d)) are to be served consecutively;

(d) that the suspended punishment is to be suspended again for a period of up to six months from the date of the Governor's direction;

(e) that the further punishment is to be suspended for a period of up to six months from the date of the Governor's direction; or

(f) that both the suspended punishment and the further punishment are to be suspended for a period of up to six months from the date of the Governor's direction.

(3) In this rule “suspended punishment” means a punishment suspended in accordance with paragraph (1) and “further punishment” means a punishment imposed for a further breach of discipline committed during the period of suspension referred to in paragraph (1).

Breaches of discipline committed in another prison or during transfer

116

(1) This rule applies where a prisoner has been transferred from one prison (“the transferring prison”) to another (“the receiving prison”).

(2) The prisoner may be charged with a breach of discipline alleged to have taken place prior to the prisoner's reception at the receiving prison only if—

(a) an officer of the transferring prison reports the alleged breach to the Governor of the receiving prison within 3 days of the prisoner's reception at the receiving prison (excluding Sundays and public holidays); and

(b) no charge in respect of the breach of discipline has been brought at the transferring prison.

Breaches of discipline involving the use of controlled drugs

117

(1) If a prisoner is charged with a breach of discipline by contravening paragraph 27 of Schedule 1 in circumstances where—

(a) the prisoner has been transferred to the prison (“the receiving prison”) from another prison;

(b) the controlled drug specified in the relevant charge may have been administered to the prisoner before reception in the receiving prison; but

the Governor of the receiving prison may deal with that matter as if the breach of discipline occurred within the receiving prison.

(2) Where an untried prisoner—

(a) provides a sample in accordance with rule 93;

(b) is alleged to have committed a breach of discipline by contravening paragraph 27 of Schedule 1;

(d) is convicted and sentenced to imprisonment following the provision of the sample,

the Governor of the prison to which the prisoner is committed following conviction may deal with that matter as if the breach of discipline occurred within that prison.

(3) It is a defence for a prisoner charged with a breach of discipline by contravening paragraph 27 of Schedule 1 to show that—

(a) the controlled drug had been, prior to its administration, lawfully in the prisoner's possession for the prisoner's use or was administered to the prisoner in the course of a lawful supply of the drug to the prisoner by another person;

(b) the controlled drug was administered by or to the prisoner in circumstances in which the prisoner did not know and had no reason to suspect that such a drug was being administered; or

(c) the controlled drug was administered by or to the prisoner under duress or to the prisoner without consent in circumstances where it was not reasonable for the prisoner to have resisted.

Disciplinary appeals

118

(1) A prisoner who is found guilty of any breach of discipline, in accordance with rule 113, may appeal the decision in accordance with this rule not later than 14 days after the date of the decision.

(2) An appeal brought under this rule must be in writing and is to be known as a disciplinary appeal.

(3) A disciplinary appeal may be against—

(a) both the finding of guilt and any punishment imposed under rule 114; or

(b) only the punishment imposed under rule 114,

but the appeal does not suspend that punishment.

(4) A disciplinary appeal may only be made where the disciplinary hearing—

(a) was chaired by any officer other than the Governor in Charge, to the internal complaints committee;

(b) was chaired by the Governor in Charge, to the Scottish Ministers;

(5) An appeal under paragraph (4)(a) must be dealt with as if it were a complaint to the internal complaints committee made under rule 123 but the Governor must, if recommended to do so by the internal complaints committee—

(a) quash any finding of guilt; or

(b) remit or mitigate any punishment (other than a punishment imposed under rule 114 where the period for which the punishment was imposed has expired by the date of the decision of the appeal).

(6) Where an appeal is made under paragraph (4)(b) or (c) the Scottish Ministers must—

(a) investigate any relevant matters raised in the appeal; and

(b) provide a written decision to the prisoner within 20 days of the appeal being made.

(7) The Scottish Ministers may, either in the course of a disciplinary appeal brought under paragraph (4)(b) or (c) or of their own volition, in relation to a prisoner who has been found guilty of any breach of discipline—

(a) quash any finding of guilt;

(b) remit or mitigate any punishment (other than a punishment imposed under rule 114 where the period for which the punishment was imposed has expired by the date of the decision of the appeal);

(d) in the case of a disciplinary appeal, refuse the appeal.

(8) If the Governor quashes any finding of guilt under paragraph (5)(a), or Scottish Ministers quash any finding of guilt under paragraph (7)(a), the Governor must destroy any record in the prisoner's file which relates to the alleged breach of discipline except where the record, or a part of it, relates to any other finding of breach of discipline which continues to form part of the prisoner's record.

(9) Following the conclusion of the appeals procedure in relation to any appeal brought under this rule, a prisoner is not entitled to make any further appeal or complaint under these Rules in relation to the same matter to which the breach of discipline in question related.

Direction with respect to the disciplinary appeals procedure

119

(1) The Scottish Ministers may provide in a direction such conditions as they consider appropriate with respect to the form and manner in which—

(a) a disciplinary appeal may be made; and

(b) any decision in relation to a disciplinary appeal may be given.

(2) The Governor must ensure that the following are provided for prisoners—

(a) supplies of any form specified in a direction made under paragraph (1);

(b) assistance in the completion of any such form; and

PART 12 — REQUESTS AND COMPLAINTS

Requests to speak to certain persons

120

(1) A prisoner may make a request to an officer to speak to—

(a) a member of staff of the Scottish Administration;

(b) an independent prison monitor;

(2) Where a prisoner makes a request under paragraph (1), the officer must, without delay—

(a) record the request in writing; and

(b) arrange for the request to be brought to the attention of the person with whom the prisoner wishes to speak.

(3) A prisoner may write to an independent prison monitor and for that purpose the Governor must ensure that—

(a) the prisoner is supplied with paper; and

(b) the letter is posted, or otherwise delivered, to an independent prison monitor without delay.

(4) A prisoner who requests to speak to a member of staff of the Scottish Administration under paragraph (1)(a) in order to make a complaint, must first exhaust all remedies available to the prisoner through the complaints procedure detailed in this Part.

Representations and complaints to the Scottish Ministers in relation to certain matters

121

(1) A prisoner who wishes to make any representations or complaint in relation to any matter mentioned in paragraph (2) may do so in writing directly to the Scottish Ministers.

(2) This rule applies to the following matters—

(a) representations relating to a transfer out of the United Kingdom under the Repatriation of Prisoners Act 1984 ;

(b) a request to be transferred to another part of the United Kingdom or to any of the Channel Islands or the Isle of Man under Schedule 1 to the Crime (Sentences) Act 1997 ;

(d) representations relating to any matter concerning a prisoner's release on licence under the Act or Part I of the 1993 Act, or his or her return to prison or detention by virtue of the Act or Part I of the 1993 Act.

Complaints to the residential first line manager

122

(1) This rule applies to complaints made by a prisoner concerning any matter, other than—

(a) a matter to which rules 118, ... 121 and 124 relate; or

(b) a matter concerning any aspect of the healthcare provided to the prisoner by a healthcare professional either within or outwith the prison.

(2) A prisoner who wishes to make a complaint to which this rule applies must make that complaint to the residential first line manager (“the RFLM”) either orally or in writing but, where the complaint raises any allegations against an officer or employee, the complaint must be made in writing.

(2A) Where a prisoner makes a request to an independent prison monitor for assistance in making an oral or written complaint under paragraph (2), the independent prison monitor may provide such assistance to the prisoner as the independent prison monitor considers appropriate.

(3) The RFLM must, within 48 hours of receiving a complaint under paragraph (2), allow the prisoner the opportunity to discuss the complaint with him or her with a view to resolving the complaint.

(4) Where the complaint cannot be resolved by discussion under paragraph (3), the RFLM must—

(a) instruct an officer to conduct an investigation into the complaint and report back to the RFLM, either orally or in writing, as soon as practicable having regard to the time limit contained in sub-paragraph (b); and

(b) subject to paragraph (5), provide a written response to the prisoner, including a copy of any written report which may have been prepared under sub-paragraph (a), within 5 days of receiving the complaint under paragraph (2).

(5) If, in exceptional circumstances, the RFLM is unable to respond within the period specified in paragraph (4)(b), he or she must—

(a) inform the prisoner accordingly within the period specified in paragraph (4)(b); and

(b) provide a written response to the prisoner no later than 5 days after informing the prisoner under sub-paragraph (a).

(6) The RFLM, upon issuing a response to the prisoner, must advise the prisoner—

(a) that the prisoner may refer the complaint to the internal complaints committee if the prisoner is not satisfied with the response; and

(b) that a referral to the internal complaints committee may be made no later than 2 weeks after the RFLM's response is issued to the prisoner.

Referral of complaints to the Internal Complaints Committee

123

(1) A prisoner who has made a complaint to the RFLM under rule 122 and is not satisfied with the response issued by the RFLM may refer the complaint to the internal complaints committee (“the ICC”).

(2) A referral to the ICC under paragraph (1) must be made in writing no later than 2 weeks after the RFLM response is provided to the prisoner.

(2A) Where a prisoner makes a request to an independent prison monitor for assistance in making a written referral to the ICC under paragraph (1), the independent prison monitor may provide such assistance to the prisoner as the independent prison monitor considers appropriate.

(3) The Governor must appoint—

(a) at least 3 members to the ICC and at least 2 of them must be officers or employees; and

(b) a chair of the ICC who must be one of the officer or employee members.

(4) The ICC must, having regard to the time-limit contained in paragraph (9), hold a hearing into the complaint as soon as practicable following receipt of the referral from the prisoner.

(5) The prisoner making the referral under paragraph (1) may—

(a) attend the hearing and make representations to the ICC;

(b) be assisted at the hearing by—

(i) an officer or an employee, an independent prison monitor, or any person who ordinarily works at the prison but who is not employed by the Scottish Ministers; or

(ii) where the chair of the ICC is satisfied that there are exceptional circumstances, another prisoner at the prison concerned;

(d) ask questions of any person giving evidence at the inquiry.

(6) If a prisoner making a referral under paragraph (1) intends—

(a) to be assisted by any person as mentioned in paragraph (5)(b); or

(b) to call witnesses to give evidence in support of the complaint,

the prisoner must, prior to the hearing, give written notice to the ICC of that intention and the reasons why the prisoner considers it necessary to do so.

(7) The chair of the ICC may refuse to allow a prisoner to call a particular witness if, having discussed the matter with the prisoner, the chair is reasonably satisfied that the evidence which the witness is likely to give will be of no relevance or value in considering the complaint and, in that event, the chair must inform the prisoner concerned prior to the hearing.

(8) As soon as practicable following the hearing, but having regard to the time-limit contained in paragraph (9), the ICC must—

(a) consider and decide upon such recommendations as it sees fit in relation to the complaint; and

(b) confirm its decision in writing to the Governor.

(9) Within 20 days of a complaint being referred to the ICC under paragraph (1), the Governor must inform the prisoner—

(a) of the ICC's decision as confirmed to the Governor under paragraph (8)(b) including the reasons for the decision and any recommendations made by the ICC;

(b) whether the ICC's decision is endorsed or rejected by the Governor; and

(i) of the reasons why the ICC's decision has been rejected; and

(ii) where the Governor decides to reject the ICC's decision, of any further action that is proposed in light of the Governor's decision to reject the ICC's decision.

(10) The Governor, upon issuing a decision to the prisoner under paragraph (9), must inform the prisoner of the process by which the complaint may be referred to the Scottish Public Services Ombudsman.

Complaints to the Governor in relation to confidential matters

124

(1) This rule applies to complaints made by a prisoner to the Governor concerning any confidential matter.

(2) A complaint to which this rule applies must be—

(a) made in writing;

(b) placed in a sealed envelope; and

(2A) Where a prisoner makes a request to an independent prison monitor for assistance in making a complaint to the Governor under paragraph (2), the independent prison monitor may provide such assistance to the prisoner as the independent prison monitor considers appropriate.

(3) Where the Governor is of the opinion that a complaint made under paragraph (2) is not about a confidential matter and is therefore not a complaint to which this rule applies, the Governor must—

(a) inform the prisoner as soon as reasonably practicable that the complaint is one which should be made in accordance with rule 122; and

(b) return the written complaint to the prisoner in a sealed envelope.

(4) Subject to paragraph (5), the Governor must consider any complaint to which this rule applies and inform the prisoner in writing and in a sealed envelope of his or her decision within 7 days of the complaint being made and of the reasons for that decision.

(5) If, in exceptional circumstances, the Governor is unable to give a decision within the period specified in paragraph (4), he or she must—

(a) inform the prisoner of the reasons for the delay;

(b) advise the prisoner of the timescale within which the decision will be given; and

(c) inform the prisoner in writing and in a sealed envelope of the decision and of the reasons for the decision as soon as practicable.

(6) The Governor, upon issuing a decision to the prisoner under paragraphs (4) or (5), must inform the prisoner of the process by which the complaint may be referred to the Scottish Public Services Ombudsman.

(7) For the purposes of this rule—

(a) a “confidential matter” is any matter which, in the opinion of the Governor, is of an exceptionally sensitive or serious nature; and

(b) “residential officer” means an officer who is required by the Governor to supervise areas of living accommodation for prisoners under the management of the residential first line manager.

Direction with respect to complaints procedures

125

(1) The Scottish Ministers may provide in a direction such conditions as they consider appropriate with respect to the form and manner in which—

(a) any complaint as mentioned in rules 122 to 124 may be made or referred; and

(b) any reply or decision in relation to such a complaint may be given.

(2) The Governor must ensure that the following are provided for prisoners—

(a) supplies of any form specified in a direction made under paragraph (1);

(b) assistance in the completion of any such form;

(d) assistance in referring a complaint to the Scottish Public Services Ombudsman under rule 123(10) or 124(6).

PART 13 — FEMALE PRISONERS

Separation of male and female prisoners

126

(1) Female prisoners must not share the same accommodation as male prisoners.

(2) The respective accommodation for male and female prisoners must, as far as reasonably practicable, be in separate parts of the prison.

Pregnancy and confinement

127

(1) Where the Governor receives notification from a healthcare professional or prison officer that a prisoner is pregnant the Governor must where possible, ask the prisoner if any relative, friend or other person should be informed.

(2) Where the Governor receives notification from a healthcare professional or prison officer that a prisoner is likely to give birth prior to the expiration of her sentence or period of committal the Governor must, where possible, ask the prisoner if any relative or friend, or any other person, should be informed.

(3) Subject to paragraphs (4) and (5), where the prisoner wishes any relative, friend or other person to be informed of the prisoner's pregnancy the Governor must inform any such person accordingly.

(4) The Governor is not required to inform more than 2 persons.

(5) The Governor must not inform any friend or relative of the prisoner without her consent.

(6) A prisoner who is pregnant is required to undertake work throughout her pregnancy but may only undertake work which the Governor has deemed to be suitable for a pregnant woman to undertake.

(7) A prisoner who is pregnant must be provided with food and drink which take into account any dietary requirements during pregnancy.

(8) Where a prisoner who is pregnant requires to be contained in specified conditions in accordance with rule 41(1), as a result of her pregnancy or otherwise, she must be kept under supervision to such extent as is reasonably practicable or be required to share accommodation in a cell or room with a suitable prisoner where the Governor, on the advice of a healthcare professional, considers it appropriate.

(9) The Governor must arrange for the transfer of the prisoner to a hospital outwith the prison for the purposes of giving birth upon receiving the advice of a healthcare professional on this matter.

(10) Paragraph (7) does not apply to prisons, categories of prisons or parts of prisons specified by the Scottish Ministers in a direction under rule 35B(1) (prisoners’ food and drink: preparation of meals by prisoner for own consumption).

Accommodation of female prisoners' babies

128

(1) Subject to paragraphs (2), (3) and (4), the Governor may permit a female prisoner to have her baby with her in prison.

(2) Where a female prisoner is permitted to have her baby with her in prison—

(a) the prisoner is responsible for the care of the baby; and

(b) the Governor must provide any material items necessary for the baby's care.

(3) Subject to any direction made by the Scottish Ministers under this rule, the Governor may, in granting permission under paragraph (1), impose such conditions as the Governor thinks fit.

(4) A female prisoner who is permitted to have her baby with her in prison may, with the permission of the Governor, arrange, at her expense or at the expense of some other person, for the provision of additional articles or food for the baby.

(5) In granting permission under paragraphs (1) or (4), and in imposing conditions under paragraph (3), the Governor must take into consideration—

(a) the best interests of the baby; and

(b) the ability of the prisoner to care for her baby.

PART 14 — TRANSFER AND RELEASE OF PRISONERS

Interpretation of Part 14

129

For the purposes of this Part “release” does not include temporary release.

Pre-release preparation

130

At an appropriate time before a prisoner is released from prison the Governor shall discuss, or arrange with some other person to discuss, with that prisoner the immediate needs or welfare issues of that prisoner upon release.

Healthcare assessment prior to transfer

131

Where the Governor proposes to transfer a prisoner to another prison and the Governor is aware that the prisoner is receiving medical supervision from a healthcare professional, the Governor must—

(a) seek advice from a healthcare professional as to the prisoner's fitness to travel; and

(b) take into account any advice received from a healthcare professional as to the prisoner's fitness to travel,

prior to ordering the transfer of that prisoner.

Provision of clothing and return of property

132

At the time of a prisoner's release, the Governor must—

(a) if the prisoner has insufficient clothing to meet his or her immediate needs following release, provide suitable clothing to meet the prisoner's immediate needs; and

(b) subject to Part 7, return to the prisoner all property belonging to the prisoner that was accepted into or purchased within prison and which has not been disposed of or destroyed in pursuance of any rule or direction.

Release of fine defaulters after payment

133

(1) This rule applies to a prisoner who is committed to prison or otherwise detained in a prison for failure to pay a fine imposed by a court.

(2) A prisoner to whom this rule applies may be treated for the purposes of section 220 of the 1995 Act as having paid to the Governor any sum in part satisfaction of the fine provided the prisoner makes payment to the Governor using one of the approved methods of payment specified in a direction by the Scottish Ministers.

(3) The Scottish Ministers may also specify in a direction made under paragraph (2) the forms of identification which may be required for the purposes of certain methods of payment.

PART 15 — TEMPORARY RELEASE

Eligibility of prisoners for temporary release

134

(1) In this Part “temporary release” means any of the forms of temporary release defined in rule 136.

(2) In this Part “eligible prisoner” means a prisoner who—

(a) is assigned low supervision level; and

(b) is not disqualified from obtaining temporary release for any reason specified in paragraph (3), (4) or (6).

(3) A prisoner is disqualified from obtaining temporary release if, for the time being, the prisoner is—

(a) subject to proceedings under the Extradition Act 2003;

(b) in the written opinion of a healthcare professional, not fit enough to be granted temporary release.

(4) Subject to paragraph (5), a life prisoner is disqualified from obtaining temporary release unless the Governor has obtained the prior consent of the Scottish Ministers.

(5) Any consent granted by the Scottish Ministers under paragraph (4)—

(a) will apply to the first grant of temporary release and any further grants of temporary release; but

(b) will cease to have effect if the prisoner is subsequently assigned a supervision level other than low supervision level.

(6) A prisoner is disqualified from obtaining temporary release if the prisoner is subject to a deportation order unless the prisoner has been granted temporary release in the three months prior to the deportation order being made.

(7) For the purposes of paragraph (6), a prisoner is subject to a deportation order where—

(a) a deportation order has been made against the prisoner under section 5(1) of the Immigration Act 1971; and

(b) that order remains in force.

Applications for, and grant of, temporary release

135

(1) This rule applies in relation to all forms of temporary release except where otherwise expressly indicated.

(2) Where a prisoner seeks to make an application for unescorted day release or unescorted day release for compassionate reasons, both as defined in rule 136, that application must be made in writing by the prisoner to the Governor.

(3) Subject to any direction made by the Scottish Ministers under rule 138, the Governor may grant temporary release to an eligible prisoner if the Governor is of the opinion that it is appropriate to do so.

(4) In considering whether it is appropriate to grant temporary release to an eligible prisoner under this Part, the Governor must assess the risk that the prisoner may—

(a) abscond; or

(b) pose a danger, or cause harm, to the public.

(4A) On any grant of temporary release the Governor may impose—

(a) such conditions as the Governor considers appropriate from the conditions specified in a direction made under rule 138; and

(b) such further conditions as the Governor considers appropriate having regard to the individual circumstances of the prisoner.

(5) Where the Governor refuses to grant temporary release, the Governor must inform the prisoner in writing of the decision and the reasons for the decision.

(5A) The Governor may arrange for an allowance to be paid to prisoners on temporary release to cover travelling expenses and the prisoner’s general subsistence while on temporary release.

(6) The Governor may make such arrangements as the Governor considers appropriate for the transport to and from prison of prisoners who have been granted temporary release.

Forms of temporary release

136

For the purposes of this Part—

“home leave” means the unescorted temporary release from prison of an eligible prisoner for the purpose of enabling the prisoner to visit his or her home or other approved place for a period not exceeding 7 nights excluding travelling time;

“unescorted day release” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding one day, including travelling time, for the purposes of enabling the prisoner, in preparation for eventual release—to develop further, or to re-establish, links with his or her family or community; orto develop educational or employment opportunities;

“unescorted day release for compassionate reasons” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding one day, excluding travelling time, for the purposes of enabling the prisoner—to visit any relative who it appears to the Governor is dangerously ill;to attend the funeral of a near relative;to visit a parent who is either too old or too ill to travel to the prison;to visit the prisoner's spouse, civil partner or co-habiting partner who, for whatever reason, is unable to travel to the prison;to visit a child for whom they have parental responsibility and who, for whatever reason, is unable to travel to the prison; orto attend at any place for any other reason where the Governor is of the opinion that the circumstances warrant it;

“temporary release for work” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding one day, excluding travelling time, for the purposes of enabling the prisoner—to undertake a work placement outside prison in terms of rule 84; or to attend a college, university or other educational establishment in order to participate in vocational training or an educational class; ...

“unescorted release for health reasons” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding seven days, excluding travelling time, for the purposes of enabling the prisoner—to attend for treatment at a medical facility outwith the prison; orto attend counselling outwith the prison.

“regular unescorted day release” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding one day on each occasion for the purposes of enabling the prisoner, in preparation for eventual release—to develop further, or to re-establish, links with their family or community,to develop educational or employment opportunities in the local community,to attend an appointment in the local community,to make purchases of food and drink in the local community in accordance with rule 35B, orto undertake wellbeing activities in the local community.

Recall of prisoners granted temporary release

137

(1) The Governor may recall to prison any prisoner who has been granted temporary release, whether or not the conditions upon which the prisoner has been granted such release have been broken.

(2) Where the Governor recalls to prison a prisoner who has been granted temporary release, the Governor must inform the prisoner in writing of the reasons for that decision.

Direction with respect to temporary release

138

(1) For the purposes of temporary release, the Scottish Ministers may specify in a direction—

(a) the forms of temporary release available to prisoners accommodated in particular prisons, halls or parts of prisons;

(b) the manner in which the Governor must consider an application for any form of temporary release;

(d) the relevant criteria about which the Governor must be satisfied before granting any form of temporary release;

(e) the conditions or types of conditions which may be imposed by the Governor on any grant of temporary release;

(f) the timing and duration of any form of temporary release and the frequency with which it may be granted to an eligible prisoner; and

(g) the persons who are to be treated as a near relative of the prisoner.

(2) Directions under this rule may make different provision for different forms of temporary release.

PART 16 — OFFICERS AND EMPLOYEES

General duty of officers and employees

139

Every officer and employee must—

(a) act in conformity with these Rules;

(b) obey any lawful instructions of the Governor and of the Scottish Ministers; and

Transactions with prisoners or in connection with the prison

140

(1) Officers and employees must not take part in any business or pecuniary transaction with, or on behalf of, a prisoner, except with the authority of the Scottish Ministers.

(2) Officers or employees must not—

(a) bring in or take out, or attempt to bring in or take out, or knowingly allow to be brought in or taken out, to or for any prisoner; or

(b) deposit in any place with intent that it shall come into the possession of any prisoner,

any item whatsoever, except with the authority of the Governor.

Fees and gratuities

141

Officers and employees must not—

(a) receive any unauthorised fee, gratuity or other consideration in connection with his or her duties;

(b) directly or indirectly, have any interest in any contract in connection with the prison or any other prison;

(c) receive any fee, gratuity or other consideration from or on behalf of any contractor at, or any person tendering for a contract in connection with, a prison.

Searching of officers and employees

142

(1) Without prejudice to any power of search referred to in the Act, the Governor may order the search, at any time, of any officer or employee and this search may involve any number of the following processes—

(a) a search of the officer's or employee's person;

(b) a search of the officer's or employee's clothing;

(d) a search of any items of property in the officer's or employee's possession whilst in the prison, including any items of property which are kept by the officer or employee in his or her locker or any other place within the prison;

(e) where the officer or employee is in charge of any vehicle which they intend to take into any restricted area of the prison, a search of that vehicle and any items of property found in that vehicle.

(2) Subject to paragraph (2A), where a search is conducted under this rule—

(a) in the case of a search mentioned in paragraph (1)(a) or (b) the officer conducting the search must be of the same gender as the person being searched unless the search is carried out by the use of—

(i) a stationary body scanner under paragraph (4)(d); or

(ii) trained sniffer dogs under paragraph (4)(e);

(b) the search must be conducted as quickly and decently as possible;

(c) except in the case of a search under paragraph (1)(c), the use of reasonable force is permitted where it is necessary and such force must be reasonable and proportionate to the threat or resistance posed by the person being searched.

(2A) The Governor may require in the case of a search mentioned in paragraph (1)(a) or (b), that the officer conducting the search must be of a different gender to the person being searched where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person, or the security or good order of the prison.

(3) An officer or employee who is being searched under this rule cannot be required to remove, and a search under this rule must not involve the removal of, any clothing other than an outer coat, jacket, headgear, footwear and gloves.

(4) A search conducted under paragraph (1), other than a search carried out under paragraph (1)(c), may be carried out by—

(a) hand;

(b) the use of equipment involving the application of a suction device or a swab on or to the officer's or employee's clothing, any items of property mentioned in paragraphs (1)(d) or (e) or any vehicle mentioned in paragraph (1)(e) in order to collect substances from their surface;

(c) the use of equipment involving the analysis of substances collected under sub‑paragraph (b) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(d) the use of equipment designed to detect the existence of metal objects; and

(e) the use of trained sniffer dogs under the control of a trained officer.

(5) Where a search conducted under this rule involves the use of equipment under paragraph (4)(b), (c) or (d), that equipment must be used in accordance with the manufacturer's instructions.

(6) Where an officer finds any prohibited article in the course of a search carried out under this rule, he or she may seize that article and deal with it in accordance with rule 104.

(7) Subject to paragraph (7A), where an officer or employee is searched by an officer under section 41(2A) of the Act—

(a) an officer of the same gender as the person being searched must conduct the search and another officer of the same gender as the officer conducting the search must be present during the search;

(b) the search must be conducted outwith the sight of any person who is not an officer;

(d) if it is necessary to use reasonable force under section 41(2B)(d) of the 1989 Act, the force used must be proportionate to the threat or resistance posed by the person being searched.

(7A) Where an officer or employee is searched by an officer under section 41(2A) of the Act, the Governor may require that an officer of a different gender to the person being searched must conduct the search where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person or the security or good order of the prison.

(8) For the purposes of this rule—

(a) any power to search includes the power to examine; and

(b) “restricted area of the prison” means any area of the prison to which access is controlled but does not include car parks provided for the use of visitors, persons providing contracted out services, healthcare professionals, officers or employees.

Communications with the media etc.

143

(1) Officers or employees must not make any unauthorised communication, either directly or indirectly, to a media representative or any other person concerning matters which have become known to the officer or employee in the course of his or her duties.

(2) Subject to paragraph (3), officers and employees must not, without the authority of the Governor—

(a) publish any matter; or

(b) make any public pronouncement,

relating to the administration of any prison or any prisoner.

(3) The Scottish Ministers may specify in a direction circumstances in which—

(a) officers and employees must not do any of the acts specified in paragraph (2); and

(b) the Governor cannot authorise any of the acts specified in paragraph (2).

Code of conduct

144

(1) The Scottish Ministers may approve a code regulating the conduct and discipline of officers and employees, or such categories of officers and employees as may be specified in the code.

(2) Any code approved by the Scottish Ministers in terms of paragraph (1) may include provision regulating—

(a) the procedures which may be invoked where it is suspected that the acts or omissions of an officer or employee may constitute misconduct;

(b) the disciplinary action which may be taken against an officer or employee where it is found that the acts or omissions of an officer or employee constitute misconduct; and

PART 17 — VISITING COMMITTEES

Application of Part 17

145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution of visiting committees for prisons

146

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution of visiting committees for young offenders institutions

147

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings of visiting committees

148

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General duties of visiting committees and members of committees

149

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigation of complaints

150

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Visits to prisons by members of visiting committees

151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection of prison records

152

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual report

153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conflicts of interest

154

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Visiting committees for legalised police cells

155

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 18 — SUPPLEMENTARY

Directions

156

Where any provision of these Rules provides that the Scottish Ministers may give a direction, unless the contrary intention appears, the Scottish Ministers may make provision in the direction—

(a) in relation to all cases in respect of which the direction may be given, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or classes of case;

(b) in relation to all prisons or in relation to specified parts of prisons or in relation to specified prisons;

(d) as respects the cases in relation to which it is given, that the direction applies either unconditionally, or subject to any specified condition; or

(e) which is incidental or supplementary to the purpose in respect of which the direction may be given.

Revocations

157

Subject to rule 158, the Rules specified in Schedule 4 are revoked.

Savings and transitional provisions

158

The savings and transitional provisions specified in Schedule 5 have effect.

SCHEDULE 1 — BREACHES OF DISCIPLINE

A prisoner is guilty of a breach of discipline if he or she—

1 commits any assault;

2 fights with any person;

3 uses threatening words or behaviour;

4 uses abusive or insulting words or behaviour;

5 commits any indecent or obscene act;

6 intentionally endangers the health or personal safety of others;

7 recklessly endangers the health or personal safety of others.

8 fails, without reasonable excuse, to open his or her mouth for the purpose of enabling a visual examination in terms of rule 92(2)(e);

9 is absent from a place where he or she is required to be or is present in a place he or she is not authorised to be;

10 is disrespectful to any person, other than a prisoner, who is at the prison;

11 intentionally fails to work properly or, on being required to work, refuses to do so;

12 disobeys any lawful order;

13 disobeys or fails to comply with any rule, direction or regulation applying to a prisoner;

14 intentionally obstructs any person, other than a prisoner, in the performance of that person’s work at the prison;

15 detains any person against his or her will;

16 denies access to any part of the prison to any person other than a prisoner;

17 destroys or damages any part of a prison or any other property, other than his or her own;

18 intentionally or recklessly sets fire to any part of a prison or any other property, whether or not that property belongs to him or her;

19 takes improperly any article belonging to another person or to the prison;

20 has in his or her possession, or concealed about his or her body or in any body orifice, any article or substance which he or she is not authorised to have or a greater quantity of any article or substance than he or she is authorised to have;

21 has in his or her possession whilst in a particular part of the prison, any article or substance which he or she is not authorised to have when in that part of the prison;

22 has in his or her possession, or concealed about his or her body or in any body orifice, any prohibited article;

23 sells or delivers to any person any article which he or she is not authorised to have;

24 sells or, without permission, delivers to any person any article which he or she is allowed to have only for his or her own use;

25 consumes, takes, injects, ingests, conceals inside a body orifice, inhales or inhales the fumes of any substance which is— a a prohibited article; b unauthorised property; or c an article which he or she has been authorised to keep or possess but which he or she has not been specifically authorised to inhale or inhale the fumes thereof;

26 smokes in an area of a prison where smoking is not permitted by virtue of rule 36;

27 administers a controlled drug to himself or herself or fails to prevent the administration of a controlled drug to himself or herself by another person but subject to rule 117;

28 escapes or absconds from prison or from legal custody;

29 fails to return to prison when he or she should return after being temporarily released under Part15;

30 fails to comply with any condition upon which he or she is temporarily released under Part15; or

31 attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or attempt to commit, any of the foregoing breaches.

SCHEDULE 2 — CONSTITUTION OF VISITING COMMITTEES

(1)Name of Prison	(2)Name of Appointing Authorities	(3)Number of Members to be appointed	(4)Number of Members who are non-members of Appointing Authority
. . .	. . .	. . .	. . .
	. . .	. . .	. . .

ADDIEWELL	West Lothian Council	5	2
	South Lanarkshire Council	5	2
	North Lanarkshire Council	5	2

BARLINNIE	West Dunbartonshire Council	2	1
	East Ayrshire Council	1
	Glasgow City Council	10	4
	Inverclyde Council	1
	North Ayrshire Council	2	1
	North Lanarkshire Council	4	2
	Renfrewshire Council	1
	South Lanarkshire Council	4	2
	Dundee City Council	3	1

CORNTON VALE	Clackmannanshire Council	2	1
	Stirling Council	7	3
	Falkirk Council	6	2

DUMFRIES	Dumfries and Galloway Council	11	4

EDINBURGH	City of Edinburgh Council	10	4
	East Lothian Council	2	1
	West Lothian Council	2	1
	Midlothian Council	3	1

GLENOCHIL	Clackmannanshire Council	5	2
	Stirling Council	4	2
	Fife Council	5	2

GRAMPIAN	Aberdeen City Council	8	4
	Aberdeenshire Council	4	2
	The Moray Council	1	0
	The Highland Council	1	0
	Comhairle nan Eilean Siar	1	0
	Orkney Islands Council	1	0
	Shetland Islands Council	1	0

GREENOCK	Inverclyde Council	5	2
	North Ayrshire Council	2
	Argyle and Bute Council	1

INVERNESS	Highland Council	10	4

LOW MOSS	Argyll & Bute Council	1	0
	Renfrewshire Council	2	1
	East Renfrewshire Council	1	0
	East Dunbartonshire Council	4	1
	West Dunbartonshire Council	4	2
	Inverclyde Council	3	1

KILMARNOCK	East Ayrshire Council	4	2
	South Ayrshire Council	4	2
	North Ayrshire Council	4	2
	East Renfrewshire Council	2	1
	South Lanarkshire Council	1
	North Lanarkshire Council	3	1
	East Dunbartonshire Council	4	2
	Dundee City Council	3	1

OPEN ESTATE	Angus Council	2	1
	Dundee City Council	3	1
	Perth and Kinross Council	5	2

PERTH	Perth & Kinross Council	10	4
	Dundee City Council	9	3

. . .	. . .	. . .	. . .
	. . .	. . .	. . .

SHOTTS	North Lanarkshire Council	9	3
	South Lanarkshire Council	8	3

SCHEDULE 3 — CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS

(1) Legalised Police Cells	(2) Names of Appointing Authorities	(3) Number of Members to be appointed
CAMPBELTOWN	Argyll and Bute Council	3

DUNOON	Inverclyde Council	1
	Argyll and Bute Council	2

HAWICK	Scottish Borders Council	3

KIRKWALL	Orkney Islands Council	3

LERWICK	Shetland Islands Council	3

LOCHMADDY	Comhairle nan Eilean Sair	3

OBAN	Argyll and Bute Council	3

STORNOWAY	Comhairle nan Eilean Sair	3

THURSO	Highland Council	3

SCHEDULE 4 — REVOCATIONS

Revocations	S.S.I. Number
The Prisons and Young Offenders Institutions (Scotland) Rules 2006	S.S.I. 2006/94

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2007	S.S.I. 2007/190

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2008	S.S.I. 2008/377

SCHEDULE 5 — SAVINGS AND TRANSITIONAL PROVISIONS

1

Where, immediately prior to 1st November 2011, any of the matters listed in paragraph 2 remain extant, in force, pending or outstanding under any provision of the 2006 Rules that matter must be treated in accordance with paragraphs 3 to 13.

2

The matters referred to in paragraph 1 are—

(a) any privilege or certificate which has been granted;

(b) any authority, direction, order or permission which has been given; or

3

Subject to paragraphs 4 to 13, insofar as any matter listed in paragraph 2 could be granted, given or made under a corresponding provision of these Rules, that matter is to be treated as if it had been granted, given or made under the corresponding provision of these Rules.

4

Where, immediately prior to 1st November 2011—

(a) a prisoner had an entitlement to carry forward an accumulated period of unused allowance under rule 65(2) of the 2006 Rules; and

(b) some or all of that allowance had not been used,

the prisoner shall be deemed to have permission to accumulate visits under rule 65(2) of these Rules and the unused allowance under rule 65(2) of the 2006 Rules shall be treated as accumulated visits under rule 65 of these Rules.

5

Where, immediately prior to 1st November 2011, an order under rule 94(1) of the 2006 Rules is in force, that order shall be deemed to have been made under rule 95(1) of these Rules.

6

Where the Scottish Ministers have granted an authority under rule 94(5) of the 2006 Rules and that authority is in force immediately prior to 1st November 2011, that authority shall be deemed to constitute an extension granted under rule 95(11) of these Rules.

7

Where the Scottish Ministers have, under rule 94(6) of the 2006 Rules, renewed a previous authority granted by them under rule 94(5) of the 2006 Rules and that renewed authority is in force immediately prior to 1st November 2011, that renewed authority shall be deemed to constitute an extension granted under rule 95(12) of these Rules.

8

Where a report of a breach of discipline which was made in terms of rule 114 of the 2006 Rules, but in relation to which a charge has not been brought against the prisoner under rule 115 of the 2006 Rules before 1st November 2011, the report shall be deemed not to have been made, but without prejudice to the right of an officer, if appropriate, to make a report in terms of rule 111 of these Rules.

9

Part 11 and rules 130 and 131 of the 2006 Rules continue to apply as they did immediately prior to 1st November 2011 in respect of any breach of discipline, or alleged breach of discipline, in relation to which a charge was brought against a prisoner under rule 115 of the 2006 Rules before that date.

10

For the purposes of rule 120 of the 2006 Rules, references to a “breach of discipline” include a breach of discipline under these Rules.

11

Rules 123 to 128 of the 2006 Rules shall remain in force in relation to any complaint made by a prisoner under those Rules prior to the coming into force of these Rules.

12

Part 15 of the 2006 Rules shall remain in force in relation to any grant of temporary release to a prisoner under that Part which is in effect immediately prior to 1st November 2011 until the period of temporary release expires or the Governor recalls the prisoner under rule 146 of the 2006 Rules (whichever is the earlier).

13

The Scottish Prison Service Employee Code of Conduct and Standards of Conduct implemented on 1st August 1998 and revised on 1st September 2000 shall continue to apply as if it had been approved under rule 144.

Signed

KENNY MACASKILL — A member of the Scottish Executive — 2011-09-12

Explanatory note

(This note is not part of the Rules)

Footnotes

[^f00001]: 1968 c.20; section 52 was amended by the Prisons (Scotland) Act 1989 (c.45), section 45(1) and Schedule 2, paragraph10.

[^f00002]: 1989 c.45; section 3A is to be added by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 110; section 8 was amended by the Management of Offenders etc. (Scotland) Act 2005 (asp 14) (“the 2005 Act”) section 21(6); section 11 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) (“the 1995 Act”) Schedule 4, paragraph 75(2); section 12 was amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) (“the 1993 Act”) Schedule 5, paragraph 6(2)(a) and Schedule 7, paragraph 1; section 14 was amended by the 1993 Act, Schedule 5, paragraph 6(3) and by the Local Government etc. (Scotland) Act 1994 (c.39) Schedule 13, paragraph 162(3) and Schedule 14, paragraph 1; section 33A was added by the Criminal Justice and Public Order Act 1994 (c.33) (“the 1994 Act”), section 116(3). Section 39 was amended by the 1993 Act, section 24 and 25, Schedule 5, paragraph 6(6)(b) and Schedule 7, paragraph 1; the 1994 Act, section 116(4); the 1995 Act, Schedule 4, paragraph 75(4)(a), by the Crime and Disorder Act 1998 (c. 37), Schedule 8, paragraph 71 and Schedule 10, paragraph 1. Section 39 is to be read with the following sections of the 1989 Act: 19 (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 20A (which was added by the 1993 Act, section 23); 41(2B) (which was added by the 1994 Act section153(3) and amended by the 2010 Act section 34(1)); 41B(1) (which was added by the 1994 Act, section151(2) and amended by the 2005 Act, section 16); and 41C(1) (which was added by the Crime and Punishment (Scotland) Act 1997 (c.48), section 42). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00003]: 1994 c.33.

[^f00004]: 1989 c.45.

[^f00005]: 1993 c.9.

[^f00006]: S.S.I. 2006/94.

[^f00007]: 1995 c.46; has been relevantly amended as follows: section 106 was amended by the Crime and Punishment (Scotland) Act 1997 (c.48), sections 17, 18 and 23, by the Crime and Disorder Act 1998 (c.37) section 119 and paragraph 119 of Schedule8, by the Protection of Children (Scotland) Act 2003 (asp 5), section 16 and also by the Criminal Justice Scotland Act 2003 (asp 7), Schedule 1, paragraph 2; section 106A was inserted by the Crime and Punishment (Scotland) Act 1997, section 19; section 175 was amended by Crime and Punishment (Scotland) Act 1997 (c.48), section 17, section 21, section23, by the Crime and Disorder Act 1998 (c.37) section 119 and paragraph 123 of Schedule 8, by the Proceeds of Crime Act 2002 (c.29) Part 3, section 115, and also by the Protection of Children (Scotland) Act 2003 (asp 5), section 16.

[^f00008]: Section 194B was inserted by the Crime and Punishment (Scotland) Act 1997, section 25, and was amended by S.I.1999/1181, Article 3.

[^f00009]: 1968 c.20; section 8 was amended by the Armed Forces Act 1971 (c. 33), section 73(2) and Schedule 2, paragraph 1(2), by the Armed Forces Act 1976 (c.52), section 22(5) and Schedule 9, paragraph 16, by the Armed Forces Act 1991 (c.62), Schedule 3, by the Armed Forces Act 1996 (c.46), section 17 and Schedule 7, Part III, and by the Armed Forces Act 2001 (c.19), section 34 and Schedule 6, paragraph 55.

[^f00010]: 1968 c.20; section 39 was amended by the Constitutional Reform Act 2005, Schedule 9, paragraph 17.

[^f00011]: 1988 c.36.

[^f00012]: 1882 c.42; sections 4 and 6 were amended by the Sheriff Courts (Scotland) Act 1971 (c.58), section 4.

[^f00013]: 1940 c.42.

[^f00014]: 1967 c.77; section 51(1) was amended by the Police and Magistrates Courts Act 1994 (c.29), section 63 and Schedule 9, by the Anti-terrorism, Crime and Security Act 2001 (c.24), section 101 and Schedule 7, paragraph 7, by the Railways and Transport Safety Act 2003 (c.20), Schedule 5, paragraph 4, and by the Criminal Justice (Scotland) Act 2003 (asp 7) section76.

[^f00015]: 1994 c.33; section 106 was relevantly amended by S.I. 1999/1820, Schedule 2, paragraph 115.

[^f00016]: 1971 c.38.

[^f00017]: 1998 c.46; section 51 was amended by the Constitutional Reform and Governance Act 2010 (c.25) Schedule 2, paragraph9.

[^f00018]: 1988 c.48; section 5B was inserted by S.I. 1995/3297, article 9.

[^f00019]: 1978 c.29; section 17CA was added by the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), section38.

[^f00020]: Section 13 was amended by the Criminal Justice (Scotland) Act 2003 (asp 7), section 24(1).

[^f00021]: Section 295 was amended by the Criminal Justice (Scotland) Act 2003 (asp 7), section 24(2).

[^f00022]: 1994 c.33, section 114(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2.

[^f00023]: 1989 c.45; section 41(9B) was added by the Criminal Justice and Licensing (Scotland) Act 2010, section 34.

[^f00024]: 1988 c.48.

[^f00025]: 2006 asp 10.

[^f00026]: 1971 c.38.

[^f00027]: 1968 c.27.

[^f00028]: 1995 c.39; section 47 was amended by the Offensive Weapons Act 1996 (c. 26), section 2(2); the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 74(2); and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) section 37.

[^f00029]: 1995 c.39; section 49 was amended by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) section 73 and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) section 37.

[^f00030]: 2005 asp 16.

[^f00031]: Treaty Series No. 39 (1951), Cmnd 9171.

[^f00032]: Treaty Series No. 50 (1987), Cmnd 222.

[^f00033]: Treaty Series No. 15 (1969), Cmnd 3906.

[^f00034]: 2005 asp 13.

[^f00035]: 1988 c.48; Section 5A was inserted by S.I. 1995/3297, article 9.

[^f00036]: Cmnd 1098 of 1960.

[^f00037]: 2003 c.41.

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